News

HOA HOMEFRONT: Reader questions on swimming pools

Trending

Our Board permits use of our pool by a nonprofit swim team organization of which non-residents comprise approximately half of the team. Swim team members pay for membership but a portion of such dues does not contribute to pool maintenance and the Association cannot charge them for same. Is it proper to subsidize the use of our pool by nonresidents?

It appears that our pool has become a public one. Our ability to use our pool has been restricted on most weekdays and during the day on some Saturdays in summer months. Our concerns have been presented to the Board with no effect. Do we have any viable options to stop the use of our pool by non-residents?

Thanks, D.B., Irvine

Dear D.B.:

Your association board normally has the responsibility to determine who may use association facilities, subject to direction from the governing documents. Although half of the swim team members are not residents, the other half are. If this is a significant community amenity for your neighbors, the directors must balance the use of the pool by the team against the use by non-team families.

Under state and federal laws, HOA pools are âpublic,â at least regarding the applicability of safety standards. For example, the federal Virginia Graeme Baker Act (2007), regarding pool drain safety devices, calls HOA pools âpublicâ, (Title 15 U.S.C. 8003). Some state safety laws declare HOA pools to be âpublicâ for the purpose of the particular law or regulation â" Health and Safety Code Sections 116049.1 and 116064.2, and California Code of Regulations Title 22 Chapter 20 (Section 65503). The definition of HOA pools as âpublicâ does not mean that your HOA must open them up to anybody who wishes to swim, but it does mean HOA boards must pay attention to many pool safety laws.

However, for purposes other than safety requirements, I doubt your pool as you describe it is truly âpublic.â

Best, Kelly

Dear Kelly:

We have four swimming pools in our HOA. Can we legally have one of them as an adult pool for age 21 and older?

E.F.

Dear E.F.:

Ordinarily, unless your HOA is a designated age-restricted (i.e., senior) community, your board cannot restrict the rights of younger people to enjoy HOA amenities. This would be a violation of the Unruh Act, Californiaâs anti-discrimination law.

However, if there is a case from 1987, Sunrise Country Club v. Proud, in which a large HOA had 21 swimming pools, and allocated some for families and some as âadults onlyâ. The trial court, and subsequently the appeals court, upheld the allocation of amenities in that way. So, if your association has many pools, and only establishes a reasonable fraction of them as âadults onlyâ, it might be OK. Otherwise, consider settling up some âlap swim onlyâ times â" but donât do it in a way which is a disguised ban on families.

Join the conversation

Keep it civil and stay on topic. No profanity, vulgarity, racial slurs or personal attacks. People who harass others or joke about tragedies will be blocked. By posting your comment, you agree to allow Freedom Communications, Inc. the right to republish your name and comment in additional Freedom publications without any notification or payment.